If your lever does not stay up to the receiver when the rifle is not loaded it is because the lever is not applying enough force to the bolt to hold the lever up in place. We refer this to "lever bit". To fix you must close the arc of the lever by tapping a few times with a rubber or rawhide hammer. It doesn't take a lot and is a trial and error task. Once you remove the butt stock and review the "attached" photo and your rifle it should be pretty clear as to what you want to do. If you need help just ask.
